Appellant's Statement of the Issues:
I. The trial court correctly found that the presumption of undue influence
applies against the drafting attorney.
A. Section 59-01-16 sets forth a statutory presumption against trustees who obtain advantage.
B. Prior North Dakota cases have not applied Section 59-01-16 to will contests.
C. Two prior North Dakota cases have addressed attorneys as beneficiaries.
D. The conduct of attorneys in North Dakota is governed by the North Dakota Rules of Professional Conduct.
E. Rules of professional conduct are relevant in determining whether an attorney has breached an already existing civil duty or common law obligation as attorney owes to a client.
F. The trial court correctly found that Section 59-01-16 applies to attorneys who have attorney/client relationships with the testator, actively participate in the preparation of the will, and benefit by the will.
G. The benefits to the trustee under the will are such substantial incidental benefits to make it a beneficiary.
II. The trial court's finding that the will proponent has successfully rebutted the presumption of undue influence is clearly erroneous.
III. Should Jerry Anderson be removed as personal representative.

Appellee's Statement of the Issues:
I. The complaining party bears the burden of demonstrating a finding is clearly erroneous.
II. The Trial Court correctly found the will proponent successfully rebutted any presumption of undue influence.
III. The Trial Court erred in applying N.D.C.C. Section 59-01-16 to a will contest.
IV. Rules of Professional Conduct are not relevant in a will contest.
V. The Trial Court correctly held Jerry Anderson should not be removed as Personal Representative.